George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED  BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


BILL  OF  RIGHTS 


AND  PROPOSED 


AMENDED    CONSTITUTION 


REPORTED  BY  THE 


COMMITTEE 


APPOINTED  TO  CONSIDER  AND  REPORT 


AMENDMENTS 


OF  THE 


CONSTITUTION  OF  VIRGINIA, 


PRESENTED  JUNE  19,  1861. 


[Laid  upon  the  table,  and  ordered  to  be  printed.] 


REPORT. 


o"7 


VIRGINIA  BILL  OF  RIGHTS. 

[Passed  June  12,  177G.J 

Adopted  without  alteration  by  the  Convention  of  1829-30,  and  re-adopted  with 
amendments  by  the  Convention  of  1850-51. 

A  Declaration  of  Rights  made  by  the  Representatives  of  the  good 
people  of  Virginia,  assembled  in  full  and  free  Convention, 
which  rights  do  pertain  to  them  and  their  posterity  as  the  basis 
and  foundation  of  government. 

1.  That  all  men  are  by  nature  equally  free  and  independent, 

2  and  have  certain  inherent  rights,  of  which,  when  they  enter 

3  into  a  state  of  society,  they  cannot,  by  any  compact,  deprive 

4  or  divest  their  posterity;  namely,  the  enjoyment  of  life  and 

5  liberty,  with  the  means  of  acquiring  and  possessing  pro- 
G  perty,  and  pursuing  and  obtaining  happiness  and  safety. 

2.  That  all  power  is  vested  in,  and  consequently  derived 

2  from,  the  people;  that  magistrates  are  their  trustees  and 

3  servants,  and  at  all  times  amenable  to  them. 

3.  That  government  is,  or  ought  to  be,  instituted  for  the 

2  common  benefit,  protection  and  security  of  the  people,  na- 

3  tion  or  community:  of  all  the  various  modes  and  forms  of 

4  government,  thai  is  best  which  is  callable  of  producing  the 

5  greatest  degree  of  happiness  and  safety,  and  is  mostefFectu- 

6  .ally  secured  against  the  danger  of  mal-administration;  and 

7  that,  when  any  government  shall  be  found  inadequate  or 

8  contrary  to  these  purposes,  a  majority  of  the  community 


4 
9  hath  an  indubitable,  unalienable  and  indefeasible  right  to 

10  reform,  alter  or   abolish  it,   in  such   manner  as  shall  be 

11  judged  most  conducive  to  the  public  weal. 

4.  That  no  man,  or  set  of  men  are  entitled  to  exclusive  or 

2  separate  emoluments  or  privileges  from  the  community  but 

3  in  consideration  of  public  services,  which,  not  being  de- 

4  scendable,  neither  ought  the  offices  of  magistrate,  legisla- 

5  tor  or  judge  to  be  hereditary. 

5.  That   the   legislative,    executive   and    judicial   powers 

2  should  be  separate  and  distinct :    and  that  the  members 

3  thereof  may  be  restrained  from  oppression,  by  feeling  and 

4  participating  the  burthens  of  the  people,  they  should,  at 

5  fixed  periods,  be  reduced  to  a  private  station,  return  into 

6  that  body  from  which  they  were  originally  taken,  and  the 

7  vacancies    be  supplied  by  frequent,   certain   and  regular 

8  elections,  in  which  all,  or  any  part  of  the  former  members 

9  to  be  again  eligible  or  ineligible,  as  the  laws  shall  direct. 

6.  That  all  elections  ought  to  be  free,  and  that  all  men 

2  having  sufficient  evidence  of  permanent  common  interest 

3  with,  and  attachment  to,  the  community,  have  the  right  of 

4  suffrage,  and  cannot  be  taxed  or  deprived  of  their  property 

5  for  public  uses,  without  their  own  consent,  or  that  of  their 

6  representatives  so  elected,  nor  bound  by  any  law  to  which 

7  they  have   not   in   like   manner   assented,  for  the  public 

8  good. 

7.  That  all  power  of  susjiending  laws,  or  the  execution  of 
2  laws,  by  any  authority,  without  consent  of  the  representa- 


5 

3  tives  of  the  people,  is  injurious  to  their  rights,  and  ought 

4  not  to  be  exercised. 

8.  That  in  all  capital  or  criminal  prosecutions,  a  man  hath 

2  a  right  to  demand  the  cause  and  nature  of  Lis  accusation, 

3  to  he  confronted  with  the  accusers  and  witnesses,  to  call 

4  for  evidence  in  his  favor,  and  to  a  speedy  trial  by  an  im- 

5  partial  jury  of  twelve  men  of  his  vicinage,  without  whose 

6  unanimous  consent  he  cannot  be  found  guilty:  nor  can  he 

7  be  compelled  to  give  evidence  against  himself;  that  no  man 

8  be  deprived  of  his  liberty,  except  by  the  law  of  the  land  or 

9  the  judgment  of  his  peers. 

9.  That  excessive  bail  ought  not  to  be  required,  nor  ox- 

2  cessive  tines  imposed,  nor  cruel  and  unusual  punishment 

3  inflicted. 

10.  That  general  warrants,  whereby  an  officer  or  messengei 

2  may  be  commanded  to  search   suspected   places  without 

3  evidence  of  a  fact  committed,  or  to  seize  any  person  or 

4  persons  not   named,  or  whose  offence  is  not  particularly 

5  described  and  supported  by  evidence,  are  grievous  and  op- 

6  pressive,  and  ought  not  to  be  granted. 

11.  That  in  controversies  respecting  property,  and  in  suifs 

2  between  man  and  man,  the  ancient  trial  by  jury  of  twelve 

3  men,   is  preferable  to  any  other,  and  ought  to  be  held 

4  sacred. 


6 

12.  That  the  freedom  of  the  press  is  one  of  the  great  bul- 

2  warks  of  liberty,  and  can  never  be  restrained  but  by  des- 

3  potic  governments. 

13.  That  a  well  regulated  militia,  composed  of  the  body 

2  of  the  people,  trained  to  arms,  is  the  proper,  natural  and 

3  safe  defence  of  a  free  State;  that  standing  armies,  in  time 

4  of  peace,  should  be  avoided  as  dangerous,  to  liberty;  and 

5  that  in  all  cases  the  military  should  be  under  strict  subor- 

6  dination  to,  and  governed  by,  the  civil  power. 

14.  That  the  people  have  a  right  to  uniform  government ; 

2  and  therefore,  that  no  government  separate  from,  or  inde- 

3  pendent  of,  the  government  of  Virginia,  ought  to  be  erected 

4  or  established  within  the  limits  thereof. 

15.  That  no  free  government  or  the  blessings  of  liberty, 

2  can  be  preserved  to  any  people  but  by  a  firm  adherence  to 

3  justice,  moderation,  temperance,  frugality  and  virtue,  and 

4  by  a  frequent  recurrence  to  fundamental  principles. 

16.  That  religion,  or  the  duty  which  we  owe  to  our  Crea- 

2  tor,   and  the  manner  of  discharging  it,  can   be  directed 

3  only  by  reason  and  conviction,  not  by  force  or  violence; 

4  and  therefore  all  men  are  equally  entitled  to  the  free  exer- 

5  cise  of  religion,  according  to  the  dictates  of  conscience; 

6  and  that  it  is  the  mutual  duty  of  all  to  practise  Christian 

7  forbearance,  love  and  charity  towards  each  other. 


CONSTITUTION  OF  VIRGINIA. 


1.  Whereas  the  delegates  and  representatives  of  the  good 

2  people    of  Virginia,    in    Convention    assembled,    on   the 

3  twenty-ninth  day  of  June,  in  the  year  of  our  Lord  one 

4  thousand   seven   hundred   and    seventy-six — reciting   and 

5  declaring,  that  whereas  George  the  Third,  King  of  Great 

6  Britain  and  Ireland,  and  Elector  of  Hanover,  before  that 

7  time  entrusted  with  the  exercise  of  the  kingly  office  in  the 

8  government  of  Virginia,  had  endeavored  to  pervert  the 

9  same  into  a  detestible  and  insupportable  tyranny,  by  put- 

10  hising  t  negative  on  laws  the  most  wholesome  and  neces- 

11  sary  for  the  public  good;  by  denying  his  governors  permis- 

12  sion  to  pass  laws  of  immediate  and  pressing  importance, 

13  unless   suspended  in   their  operation  for  his  assent,  and 

14  when  so  suspended,  neglecting  to  attend  to  them  for  many 

15  years;  by  refusing  to   pafia   certain   oilier  laws,  unless  the 

16  persons  to  be  benefitted  by  them,  would  relinquish  the  in- 

17  estimable  right  of  representation  in  the  Legislature;  by 

18  dissolving  legislative  assemblies  repeatedly  and  continu- 


8 

19  ally,  for  opposing  with  manly  firmness  his  invasions  of  the 

20  rights  of  the  people;  when  dissolved,  by  refusing  to  call 

21  others  for  a  long  space  of  time,  thereby  leaving  the  politi- 

22  cal  system  without  any  legislative  head;  by  endeavoring  to 

23  prevent  the  population  of  our  country,  and  for  that  pur- 

24  pose  obstructing  the  laws  for  the  naturalization  of  foreign- 

25  ers;  by  keeping  among  us,  in  time  of  peace,  standing  armies 

26  and  ships  of  war;  by  affecting  to  render  the  military  in- 

27  dependent  of  and  superior  to  the  civil  power;  by  combining 

28  with  others  to  subject  us  to  a  foreign  jurisdiction,  giving 

29  his  assent  to  their  pretended  acts  of  legislation,  for  quar- 

30  tering  large  bodies  of  armed  troops  among  us,  for  cutting 

31  off  our  trade  with  all  parts  of  the  world,  for   imposing 

32  taxes  on  us  without  our  consent,  for  depriving  us  of  the 

33  benefits  of  the  trial  by  jury,  for  transporting  us  beyond, 

34  seas  to  be  tried  for  pretended  offences,  for  suspending  our 

35  own  Legislatures,  and  declaring  themselves  invested  with 

36  power  to  legislate  for  us  in  all  cases  whatsoever;  by  plun- 

37  dering  our  seas,  ravaging  our  coasts,  burning  our  towns,, 

38  and  destroying  the  lives  of  our  people;  by  inciting  insur- 

39  rections  of  our  fellow  subjects  with  the  allurements  of  for- 

40  feiture  and  confiscation;  by  prompting  our  negroes  to  rise 

41  in  arms  among  us — those  very  negroes,  whom,  by  an  in- 


9 

42  human  use  of  his  negative,  he  had  refused  us  permission 

43  to  exclude  hy  law;  by  endeavoring  to  bring  on  the  inhabi- 

44  tants  of  our  frontiers  the  merciless  Indian  savages;  whose 

45  known  rule  of  warfare  is  an  undistinguished  destruction  of 

46  all  ages,  sexes  and  conditions  of  existence;  by  transport- 

47  ing  hither  a  large  army  of  foreign  mercenaries  to  complete 

48  the  work  of  death,  desolation  and  tyranny,  then  already 

49  begun,  with  circumstances  of  cruelty  and  perfidy  unwor- 

50  thy  the  head  of  a  civilized  nation;  by  answering  our  re- 

51  peated  petitions  for  redress  with  a  repetition  of  injuries; 

52  and  finally,  by  abandoning  the  helm  of  government,  and 

53  declaring   us    out  of   his    allegiance  and   protection;   by 

54  which   several   acts  of  misrule,    the  government  of  this 

55  country,  as  before  exercised  under  the  crown  of  Great  Bri- 

56  tain,  was  totally  dissolved — did,  therefore,  having  maturely 

57  considered  the  premises,  and  viewing  with  great  concern 

58  the  deplorable  condition  to  which  this  once  happy  country 

59  would  be  reduced,  unless  some  regular,  adequate  mode  of 

60  civil   jinlicy  should  be  speedily   adopted,  and   in   compli- 

61  ance  with  the  recommendation  of  the  General  Congress, 

62  ordain  and  declare  a  form  of  government  of  Virginia: 

2.  And  whereas,  a  convention  held  on  the  first  Monday  in 

2  October,  in  the  year  one  thousand  eight  hundred  and  twi 


10 

3  tv-nine,  did  propose  to  the  people  of  the  Commonwealth  ail 

4  amended  Constitution  or  form  of  government,  which  was 

5  ratified  by  them  : 

3.  And  whereas,  a  Convention  held  on  the      day  of  Novem- 

2  her,  1850,  did  propose  to  the  people  of  the  Commonwealth 

3  an  amended  Constitution,  which  was  ratified  by  them : 

4.  And  whereas,  the  General  Assembly  of  Virginia,  by  an 

2  act  passed  January  14th,  1861,  did  provide  for  the  election 

3  by  the  people,  of  delegates  to  meet  in  general  Convention  to 

4  consider  the  propriety,  among  other  things,  of  changing 

5  the  organic  law  of  the  State;  and  for  ratification  or  re- 

6  jection : 

5.  We,  therefore,  the  delegates  of  the  good  people  of  Virgi- 

2  nia,  elected  and  in  Convention  assembled,  in  pursuance  of 

3  said  act,  do  propose  to  the  people  the  following  Constitution 

4  and  form  of  Government  for  this  Commonwealth, 


ARTICLE   I. 

BILL    OF    RIGHTS. 

The   declaration   of  rights,  as   amended   and   prefixed  to  this 

2  Constitution,  shall  have  the  same  relation  thereto  as  it  had  to 

3  the  former  Constitution. 

ARTICLE  II. 

DIVISION    OF    POWERS. 

The  legislative,  executive  and  judiciary  departments  shall  be 

2  separate  and   distinct,   so  that   neither   exercise   the    powers 

3  properly  belonging  to  either  of  the  others;  nor  shall  any  per- 

4  son  exercise  the  powers  of  more  than  one  of  them  at  the  same 

5  time,   except   that  justices   of  the   peace   shall  be  eligible  to 

6  either  house  of  Assembly. 

ARTICLE  III. 

QUALIFICATION    OF    VOTERS. 

1.  Every  white  male  citizen  of  the  Commonwealth,  of  the  age 

2  of  twenty-one  years,  who  has  been  a  resident  of  the  State  for 

3  two  years,  and  of  the  county,  city  or  town  where  he  offers  to 

4  vote,  for  twelve   months  next  preceding  an  election,  and  who 

5  in  such   county,  city  or   town,  shall   have  been  assessed  with 

6  part  of  the  revenue   of  the   Commonwealth,  county  levies  or 


12 

7  poor  rates,  for  the  year  next  preceding,  and  shall  have  actual- 

8  ly  paid  all   the   revenue,   county  levies   and   poor  rates,  with 

9  which  he  shall  have  been  so   assessed,  and  no  other  person 

10  shall  be  qualified  to  vote  for  members  of  the  General  Assem- 

11  bly  and  all  officers  elected  by  the  people  ;  but  no  person  in 

12  the  military,  naval    or   marine  service  of    the   Confederate 

13  States,  shall  be  deemed  a  resident  of  this  State  by  reason  of 

14  being  stationed  therein ;  and  no  person  shall  have  the  right  to 

15  vote  who  is  of  unsound  mind,  or  a  pauper,  or  a  non-commis- 

16  sioned  officer,  soldier,  seaman  or  marine  in  the  service  of  the 

17  Confederate   States,  or  who  has  been  convicted  of  bribery 

18  in  an  election,  or  of  any  infamous  offence. 

2.  The  General  Assembly,  at  its  first  session  after  the  adop- 

2  tion  of  this  Constitution,  and  afterwards  as  occasion  may  re- 

3  quire,  shall  cause  every  city  or  town,  the  white  population  of 

4  which  exceeds  five  thousand,  to  be  laid  off  into  convenient 

5  wards,  and  a  separate  place  of  voting  to   be  established  in 

6  each,  and  thereafter  no  inhabitant  of  such  city  or  town  shall 

7  be  allowed  to  vote  except  in  the  ward  in  which  he  resides. 

3.  No  voter,  during  the  time  for  holding  any  election  at  which 

2  he  is  entitled  to  vote,  shall  be  compelled  to  perform  military 

3  service,   except  in  time  of  war  or  public  danger;  to  work 

4  upon  the  public  roads,  or  to  attend  any  court  as  suitor,  juror 

5  or  witness ;  and  no  voter  shall  be  subject  to  arrest  under  any 


13    . 

6  civil  process  during  his  attendance  at  elections,  or  in  going  to 

7  or  returning  from  them. 

4.  In  all  elections  votes  shall  be  given  openly  or  viva  voce, 

2  and  not  by  ballot;  but  dumb  persons  entitled  to  suffrage  may 

3  vote  by  ballot. 

ARTICLE  IV.] 

LEGISLATIVE    DEPARTMENT. 

1.  The  Legislature  shall  be   formed  of  two  distinct  branches, 

2  which  together  shall   be  a  complete  Legislature,  and  shall  be 

3  called  the  General  Assembly  of  Virginia. 

House  of  Delegates. 

2.  One  of  these  shall  be  called  the  House  of.  Delegates,  and 

2  shall   consist   of  one   hundred  and   fifty-two  members,  to  be 

3  chosen  annually,  for  and  by  the  several   counties,  cities  and 

4  towns  of  the  Commonwealth,  and  distributed  and  apportioned 

5  as  follows : 

The  counties  of  Augusta   and   Rockingham  and  the  city  of 

2  Richmond  shall  each  elect  three  delegates;  the  counties  of  Al- 

3  bemarle,   Bedford,   Berkeley,  Campbell,  Fauquier,   Franklin, 

4  Frederick,  Halifax,  Hampshire,  Harrison,  Jefferson,  Kanawha, 

5  Loudoun,  Marion,  Monongalia,  Monroe,  Norfolk,  Pittsylvania, 

6  Preston,  Rockbridge,  Shenandoah  and  Washington  shall  each 


.    14 

7  elect  two  delegates ;  the  counties  of  Botetourt  and  Craig  shall 

8  together  elect  two  delegates. 

The  counties  of  Accomac,  Alexandria,  Amherst,  Appomattox, 

2  Barbour,  Brunswick,   Buckingham,  Cabell,  Caroline,  Carroll, 

3  Charlotte,  Chesterfield,  Clark,  Culpeper,  Dinwiddie,  Fairfax, 

4  Floyd,   Fluvanna,   Giles,    Gloucester,   Goochland,    Grayson, 

5  Greenbrier,  Hanover,  Hardy,  Henrico,  Henry,  Highland,  Isle 

6  of  Wight,  Jackson,  King  William,  Lee,  Lewis,  Louisa,  Lu- 

7  nenburg,   Madison,   Marshall,  Mason,   Mercer,   Mecklenburg, 

8  Montgomery,   Morgan,   Nansemond,    Nelson,    Northampton, 

9  Page,  Patrick,  Pendleton,  Pocahontas,  Princess  Anne,  Prince 

10  Edward,  Prince  William,  Pulaski,  Putnam,  Randolph,  Rappa- 

11  hannock,  Roanoke,  Scott,  Smyth,  Southampton,  Spotsylvania, 

12  Taylor,  Upshur,  Warren,  Wayne,  Wetzel,  Wood  and  W'ythe, 

13  and  the  cities  of  Norfolk  and  Petersburg,  shall  each  elect  one 

14  delegate. 

The  counties  of  Lee  and  Scott,  in   addition  to  the  delegate  to 
2  be  elected  by  each,  shall  together  elect  one  delegate. 

The  following  counties  and  cities   shall   compose  election  dis- 

2  tricts:   Alleghany  and  Bath;  Amelia  and   Nottoway;   Boone, 

3  Wyoming   and  Logan ;  Braxton  and  Nicholas ;   Charles  City, 

4  James  City  and  New  Kent;  Cumberland  and  Powhatan ;  Dod- 

5  dridge  and  Tyler;  Elizabeth   City,  Warwick,  York   and  the 

6  city  of  Williamsburg;  Essex  and  King  and  Queen;  Fayette 


15 

7  and  Raleigh;  Gilmer  and  Wirt;  Greene  and  Orange;  Greenes- 

8  ville  and  Sussex;  King  George  and  Stafford;  Lancaster  and 

9  Northumberland;    Matthews   and    Middlesex;   Pleasants  and 

10  Ritchie;  Prince  George  and  Surry;  and  Richmond  and  West- 

11  moreland — each  of  which  districts  shall  elect  one  delegate. 
At  the  first  general  election  under  this  Constitution,  the  county 

2  of  Ohio  shall  elect  three  delegates,  and  the  counties  of  Brooke 

3  and  Hancock  shall  together  elect  one  delegate;  at  the  second 

4  general  election,  the  county  of  Ohio  shall  elect  two  delegates, 

5  and  the  counties  of  Brooke  and  Hancock  shall  each  elect  one 

6  delegate;  and  so  on,  alternately,  at  succeeding  general  elec- 

7  tions. 

i 
At  the  first  general  election,  the  county  of  Russell  shall  elect 

2  two  delegates,  and  the  county  of  Tazewell  shall  elect  one  dtl- 

3  egate;  at   the   second  general   election,  the   county  of  Taze- 

4  well  shall  elect  two  delegates,  and  the  county  of  Russell  shall 

5  elect  one  delegate;  and  so  on,  alternately,  at   succeeding  gen- 

6  cral  elections. 

The  General  Assembly  shall  have  power,  upon  application  of 

2  a  majority  of  the  voters  of  the  county  of  Campbell,  to  provide 

3  that  instead  of  the  two  delegates  to  be  thrkd  by  said  county, 

4  the  town  of  Lynchburg  shall  elect  one  delegate,  and  the  resi- 

5  due  of  the  county  of  Campbell  shall  elect  one  delegate. 


16 
Senate. 

3.  The  other  house  of  the  General  Assembly  shall  be  called 

2  the  Senate,  and  shall   consist  of  fifty  members,  to  be  elected 

3  for  the  term  of  four  years;  for  the  election  of  whom,  the 

4  counties,  cities  and  towns  shall  be  divided  into  fifty  districts. 

5  Each  county,  city  and  town  of  the  respective  districts,  at  the 

6  time  of  the  first   election  of  its   delegate   or   delegates  under 

7  this  Constitution,  shall  vote  for  one  Senator;  and   the  sheriffs 

8  or  other  officers  holding  the  election  for  each  county,  city  and 

9  town,  within  five  days  at  farthest  after  the  last  election  in  the 

10  district,  shall  meet  at  the  court  house  of  the  county  or  city 

11  first  named  in  the  district,  and  from  the  polls  so  taken  in  their 

12  respective  counties,  cities  and  towns,  return  fas   Senator  the 

13  person  who  has  received  the  greatest  number  of  votes  in  the 

14  whole  district.     Upon  the  assembling  of  the  Senators  so  elect- 

15  ed,  they  shall  be  divided  into  two  equal  classes,  to  be  num- 

16  bered  by  lot.     The  term  of  service  of  the  Senators  of  the  first 

17  class  shall  expire  with  that  of  the  Delegates  first  elected  under 

18  this  Constitution,  and  of  the  Senators  of  the  second   class  at 

19  the  expiration  of  two  years  thereafter;   and  this  alternation 

20  shall  be  continued,  so  that  one-half  of  the  Senators  may  be 

21  chosen  every  second  year. 

4.  For  the  election  of  Senators — 

I.  The  counties  of   Accomac  and  Northampton    shall  form 
2  one  district: 


11 

II.  The  city  of  Norfolk  shall  he  another  district: 

III.  The   counties  of  Norfolk  and    Prince    Anne  shall    form 
2  another  district: 

IV.  The  counties   of  Isle   of  Wight,   Nansemond  and  Surry 
2  shall  form  another  district: 

V.  The   counties   of  Sussex,   Southampton   and   Greenesville 
2  shall  form  another  district: 

VI.  The  city  of  Petersburg  and  the  county  of  Prince  George 
2  shall  form  another  district: 

VII.  The  counties  of  Dinwiddie,   Amelia  and  Brunswick  shall 
2  form  another  district: 

VIII.  The  counties   of  Powhatan,  Cumberland,  and  Chester- 
2   field  shall  form  another  district  : 

IX.  The    counties  of  Lunenburg,  Nottoway  and   Prince   Ed- 
2   ward  shall  form  another  district  : 

\.   The   counties   of  Mecklenburg  and    Charlotte   shall  form 

2  another  district: 

XI.  The  county  of  Pittsylvania  shall  be  another  district: 

\ll.  The  county  of  Halifax  shall  he  another  district : 

\III.  The  counties  ol  Henry,  Patrick  and  Franklin  shall  form 

2  another  district  : 

\  1  \  .  The  county  ol   B(  dford  shall  be  another  district : 

\\.  The  countit  I     tnpbell  and   Appomattox  shall  form 

2  another  district : 
c 


18 

XVI.  The   city  of  Williamsburg   and  the  counties  of  James 

2  City,  Charles   City,   New   Kent,   York,  Elizabeth   City  and 

3  Warwick  shall  form  another  district: 

XVII.  The    counties  of    Henrico    and    Hanover    shall  form 
2  another  district: 

XVIII.  The  city  of  Richmond  shall  be  another  district: 

XIX.  The  counties  of  Gloucester,  Matthews   and  Middlesex 
2  shall  form  another  district : 

XX.  The  counties  of  Richmond,  Lancaster,  Northumberland 
2  and  Westmoreland  shall  form  another  district : 

XXI.  The  counties  of  King  &  Queen,  King  William  and  Es- 
2  sex  shall  form  another  district : 

XXII.  The  counties  of  Caroline  and  Spotsylvania  shall  form 
2  another  district : 

XXIII.  The   counties   of  Stafford,   King  George  and  Prince 
2  William  shall  form  another  district : 

XXIV.  The   counties  of  Fairfax   and  Alexandria  shall  form 
2  another  district: 

XXV.  The  county  of  Loudoun  shall  be  another  district: 

XXVI.  The   counties  of  Fauquier   and   Rappahannock  shall 
2  form  another  district : 

XXVII.  The   counties  of   Madison,  Culpeper,   Orange  and 
2  Greene  shall  form  another  district : 

XXVIII.  The  county  of  Albemarle  shall  be  another  district: 


19 

XXIX.  The   counties  of  Louisa,   Goochland   and  Fluvanna 
2  shall  form  another  district: 

XXX.  The  counties   of  Nelson,  Amherst   and    Buckingham 
2  shall  form  another  district : 

XXXI.  The  counties   of  Jefferson  and   Berkeley  shall  form 
2  another  district: 

XXXII.  The  counties  of  Hampshire,  Hardy  and  Morgan  shall 
2  form  another  district: 

XXXIII.  The  counties  of  Frederick,  Clark  and  Warren  shall 
2  form  another  district: 

XXXIV.  The   counties' of  Shenandoah  and  Page  shall   form 
2  another  district : 

XXXV.  The  counties  of  Rockingham  and  Pendleton  shall  form 
2  another  district : 

XXXVI.  The  county  of  Augusta  shall  be  another  district: 
XVII.  The  counties  of  Bath,  Highland   and  Rockbridge 

2  shall  form  another  district: 

XXXVIII.  The   counties  of  Botetourt,   Mlc^hany,  Roanoke 
2  and  Craig  shall  form  another  district  : 

XXXIX.  The   counties   of  Carroll,   Floyd,   Grayson,    Mont- 
2  gomcry  and  Pulaski  shall  form  another  dis- 

XL.  The  counties  of  Mercer,   Mon/oe,  Qilea  and  Tazewell 
2  shall  form  another  district: 


20 

XLI.  The  counties  of  Smyth,  Wythe  and  Washington  shall 
2  form  another  district : 

XLII.  The   counties   of    Scott,   Lee  and   Russell  shall  form 
2  another  district: 

XLIII.  The  counties  of  Boone,  Logan,   Kanawha,  Putnam 
2  and  Wyoming  shall  form  another  district : 

XLIV.    The    counties    of    Nicholas,    Fayette,    Pocahontas, 
2  Raleigh,  Braxton  and  Greenbrier  shall  form  another  district : 

XLV.  The  counties  of  Mason,   Jackson,  Cabell,  Wayne  and 
2  Wirt  shall  form  another  district: 

XLVI.  The  counties  of  Ritchie,  Doddridge,  Harrison,  Pleas- 
2  ants  and  Wood  shall  form  another  district : 

XLVII.  The  counties  of  Wetzel,  Marshall,  Marion  and  Tyler 
2  shall  farm  another  district : 

XL VIII.  The  counties  of  Upshur,  Barbour,  Lewis,  Gilmer  and 
2  Randolph  shall  form  another  district : 

XLIX.  The  counties  of  Monongalia,  Preston  and  Taylor  shall 
2  form  another  district : 

L.  The   counties  of   Brooke,  Hancock  and  Ohio  shall   form 
2  another  district. 

Apportionment  of  Representation. 

5.  It  shall  be  the  duty  of  the  General  Assembly,  in  the  year 

2  one  thousand  eight  hundred  and  sixty-five,  and  in  every  tenth 

3  year  thereafter,  in  case  it   can   agree  upon  a  principle  of  rep- 


21 

4  reservation,  to  reapportion  representation  in  the  Senate  and 

5  House  of  Delegates  in  accordance  therewith  ;  and  in  tlie  event 
G  the  General  Assembly,  at  the  first  or  any  subsequent  period  of 

7  reapportionment,  shall  fail  to  agree  upon  a  principle  of  repre- 

8  resentation  and   to  reapportion   representation  in  accordance 

9  therewith,   each  house  shall   separately  propose  a  scheme   of 

10  representation,  containing  a  principle  or  rule  for  the  House  of 

11  Delegates,  in  connection  with  a   principle  or   rule  for  the  Sen- 

12  ate.  And  it  shall  he  the  duty  of  the  General  Assembly,  at  the 

13  same  session,  to  certify  to  the  Governor  the  principles  or  rules 

14  of  representation   which  the   respective  bouses  may  separately 

15  propose,  to  be  applied  in  making  reapportionments  in  the  Sen- 

16  ate  and  in  the   House  of  Delegates;  and   the  Governor  shall, 

17  as  soon  thereafter  as   may  be,  by  proclamation,  make  known 

18  the  propositions  of  the  respective  houses,  and  require  the  voters 

19  of  the   Commonwealth    to   assemble  at  such   time  as   he  shall 

20  appoint,  al    their  lawful   places  of  voting,  and  decide  by  theii 

21  votes  between  the  propositions  thus  presented.     In  the  event 

ral    Assembly   shall  lad,   in  the  yen- one   thoui 
23  eighl  hundred  and  sixty-five,  or   in  any  tenth  year  thereafter, 
2 1  i"  in,-!.,    such   i'  apportionment  i    :        rnor 

25  shall,  immediately  alter  the  adjournment  of  the  I 

26  sembly,  by  proclamation,  require  tl. 


22 

27  wealth  to   assemble,  at  such  time  as  he  shall  appoint,  at  their 

28  lawful  places  of  voting,  and  to  declare  by  their  votes : 
First,  whether  representation  in  the  Senate  and  House  of 

2  Delegates   shall  be  apportioned  on  the  u Suffrage  Basis;" 

3  that  is,  according  to   the  number  of  votes  in   the   several 

4  counties,  cities,  towns,  and  senatorial  districts  of  the  Corn- 

5  mon wealth. 

Or,  second,  whether  representation  in  both  houses  shall  be 

2  apportioned  on  the  " Mixed  Basis;"  that  is,  according  to  the 

3  number  of  white  inhabiants  contained,  and  the  amount  of 

4  all  State  taxes  paid,  in  the  several  counties,  cities,  and  towns 

5  of  the  Commonwealth,  deducting  therefrom  all  taxes  paid 

6  on  license  and  law  process,  and  any  capitation  tax  on  free 

7  negroes,  allowing  one  delegate  for  every  seventy-sixth  part 

8  of  said  inhabitants,  and  one  delegate  for  every  seventy-sixth 

9  part  of  said  taxes,  and  distributing  the  senators  in  like  man- 
10  ner: 

Or,  third,  whether  representation  shall  be  apportioned  in  the 

2  Senate  on  taxation;  that  is,  according  to  the  amount  of  all 

3  State  taxes  paid  in  the  several  counties,  cities,  and  towns  of 

4  the  Commonwealth,  deducting  therefrom  all  taxes  paid  on 

5  license  and  law  process,  and  any  capitation  tax  on  free  ne- 

6  groes,  and  in  the  House  of   Delegates  on   the  "  Suffrage 

7  Basis"  as  aforesaid: 


23 
Or,  fourth,  whether  representation  shall  be  apportioned  in  the 

2  Senate  on  the  "Mixed  Basis"  as  aforesaid,  and  in  the  House 

3  of  Delegates  on  the  "  Suffrage  Basis  as  aforesaid;  and  each 

4  voter  shall  cast  his  vote  in  favor  of  one  of  said  schemes  of 

5  apportionment,  and  no  more. 

6.  It  shall  be  the  duty  of  the  sheriffs  and  other  officers  taking 

2  said  polls  to  keep  the  same  open  for  a  period  of  three  days, 

3  and,  within  five  days  after  they  are  closed,  to  certify  true 

4  copies  thereof  to  the  Governor,  who  shall,  as  early  as  may  be, 

5  ascertain   the  result   of  said   vote,  and  make  proclamation 
G  thereof;  and  in  case  it  is  ascertained  that  a  majority  of  all 

7  the  votes  cast  is  in  favor  of  either  of  the  principles  of  repre- 

8  sen  ration,  referred,  as  aforesaid,  to  the  choice  of  the  voters, 

9  the  Governor  shall  communicate  the  result  of  such  vote  to 

10  the  General  Assembly  at  its  first  regular  session  thereafter; 

11  but  in  case  it  is  ascertained   that  a  majority  of  all  the  votes 

12  cast  is  not  in  favor  of  either  of  the  principles  of  representa- 

13  tion  referred  as  aforesaid  to  the  choice  of  the  voters,  it  shall 

14  he  the  duty  of  the  Governor,  as  soon  as  may  be  after  ascer- 

15  taming  the  fact,  in  like  manner  to  cause  the  voters  to  decide 

16  between  the  two  principles  of  representation  which  shall  at 

17  such  previous  voting  have  received  the  greatest  number  of 

18  votes;  and  he  shall  ascertain   and   make  proclamation  of  the 

19  result  of  the  said  last  vote,  and  communicate  the  same  to  the 


24 

20  General  Assembly  at  its  next  regular  session;  and,  in  either 

21  case,  the  General  Assembly,  at  the  regular  session  thereof, 

22  which  shall  be  held  next  after  the  taking  of  the  vote,  the 

23  result  of  which  shall  have  been  so  communicated  to  it  by 

24  the  Governor,  shall   reapportion   representation   in  the  two 

25  houses  respectively  in  accordance  with  the  principle  of  repre- 

26  sentation  in  each,  for  which  a  majority  of  the  votes  cast  were 

27  given;  and  it  shall  be  the  duty  of  the  General  Assembly  in 
2S  every  tenth  year  thereafter  to  reapportion  and  distribute  the 

29  number  of  senators  and  delegates  in  accordance  with  the 

30  same  principle. 

Qualification  of  Senatoi^s  and  Delegates. 
7.  Any  person  may  be  elected  senator,  who,  at  the  time  of 

2  election,  has  attained  the  age  of  twenty-five  years,  and  is 

3  actually  a  resident  within  the  district.,  and  qualified  to  vote 

4  for  members  of  the  General  Assembly,  according  to  this  Con- 

5  stitution;  and  any  person,  may  be  elected  a  member  of  the 

6  House  of  Delegates,  who,  at  the  time  of  election,  has  attained 

7  the  age  of  twenty-one  years,  and  is  actually  a  resident  within 
S  the  county,  city,  town,  or  election  district,  qualified  to  vote 
9  for  members  of  the  General  Assembly  according  to  this  Con- 

10  stitution;  but  no  person  holding  a  lucrative  office,  no  miuis- 

11  ter  of  the  gospel  or  priest  of  any  religious  denomination,  no 

12  salaried  officer  of  any  banking  corporation  or  company,  shall 


25 

13  be  capable  of  being  elected  a  member  of  either  house  of  As- 

14  sembly.     The  removal  of  any  person  elected  to  either  branch 

15  of  the  General   Assembly  from  the  county,  city,  town,  or 
10  district  for  which  lie  was  elected,  shall  vacate  his  ofFne. 

Powers  and  duties  of  the  General  Assembly. 
S.  The  General  Assembly  shall  meet  once  in  every  year,  and 

2  not  oftener,  unless  convened  by  the  Governor  in  the  manner 

3  prescribed  by  the  Constitution.     Neither  house,  during  the 

4  session  of  the  General  Assembly  shall,  without  the  consent 

5  of  the  other,  adjourn  for  more  than  three'  days,  nor  to  any 
0  other  place  than  that  in  which  the  two  houses  shall  he  sitting. 

7  A  majority  of  each  house  shall  constitute  a  quorum  to  do 

8  business;  but  a  smaller  number  may  adjourn  from   day  to 

9  day,  and  shall  be  authorized  to  compel  the  attendance  of 
10  absent  members  in  such  manner  and  under  such  penalties 
It  as  each  house  may  provide. 

9.  The  House  of  Delegates  shall  choose  its  own  speaker,  and 

2  in  the  absence  of  the  Lieutenant  Governor,  or  when  he  shall 

3  exercise  the  office  of  Governor,  the  Senate  shall  choose,  from 

4  their  own  body,  a  President  pro  tempore;  and  each  house 

5  shall  appoint  its  own  officers,  settle  its  own  rules  of  proceed- 

6  ing,  and  direct  writs  of  election  for  supplying  intermediate 

7  vacancies;  but  if  vacancies  shall  occur  during  the  recess  of 
s  the  General  Assembly,  such  writs  may  be  issued  by  the  Gov- 

D 


26 

9  ernor  under  such  regulations  as  may  be  prescribed  by  law. 

10  Each  house  shall  judge  of   the  election,  qualification,  and 

11  returns   of  its   members,  may  punish  them  for  disorderly 

12  behavior,  and,  with  the  concurrence  of  two  thirds,  expel  a 

13  member,  but  not  a  second  time  for  the  same  offence. 

10.  The  members  of  the  Assembly  shall  receive  for  their 

2  services  a  compensation,  to  be  ascertained  by  law,  and  paid 

3  out  of  the  public  treasury;  but  no  act  increasing  such  com- 

4  pensation  shall  take  effect  until  after  the  end  of  the  term  for 

5  which  the  members  of  the  House  of  Delegates  voting  thereon 

6  weie  elected  ;  and  no  senator  or  delegate,  during  the  term 

7  for  which  he  shall  have  been  elected,  shall  be  appointed  to 

8  any  civil  office  of  profit  under  the  Commonwealth  which  has 

9  been   created,  or  the  emoluments  of  which  have  been  in- 

10  creased ,  during  such  term,  except  offices  filled  by  elections 

11  by  the  people. 

11.  Bills  and  resolutions  may  originate  in  either  of  the  two 

2  houses  of  the  General  Assembly,  to  be  approved  or  rejected 

3  by  the  other,  and  may  be  amended  by  either  house,  with  the 

4  consent  of  the  other. 

12.  Each  house  of  the  General  Assembly  shall  keep  a  jour- 

2  nal  of  its  proceedings,  which  shall  be  published  from  time  to 

3  time,  and  the  yeas  and  nays  of  the  members  of  either  house, 

4  on  any  question,  shall,  at  the  desire  of  one-fifth  of  those 


27 

5  present,  be  entered  on  the  journal.     No  bill  shall  become  a 

6  law  until  it  has  been  read  on  three  different  days  of  the  ses- 

7  sion  in  the  house  in  which  it  originated,  unless  two-thirds  of 

8  the  members  elected  to  that  house  shall  otherwise  determine. 

13.  The  whole  number  of  members  to  which  the  State  may 

2  at  any  time  be  entitled  in  the  House  of  Representatives  of 

3  the  Confederate  States,  shall  be  apportioned  as  nearly  as  may 

4  be  amongst  the  several  counties,  cities,  and  towns  of  the 

5  State,  according  to  their  respective  numbers;  which  shall  be 

6  determined  by  adding  to  the  whole  number  of  free  persons, 

7  including  those  bound  to  service  for  a  term  of  years,  and 
s  excluding  Indians  not  taxed,  three-fifths  of  all  other  persons. 

14.  la  the  apportionment,  the  State  shall  be  divided  into  dis- 

2  tricts,  corresponding  in  number  with  the  representatives  to 

3  which  it  may  be  entitled  in  the  House  of  Representatives  of 

4  the    Congress   of  the   Confederate   States,   which    shall  be 

5  formed  respectively  of  contiguous  counties,  cities,  and  towns, 

6  be  compact,  and  include,  as  nearly  as   may  be,  an  equal 

7  number  of  the  population,  upon  whidi  is  based  representa- 

8  tion   in   the   House  of  Representatives  of  the  Confederate 

9  States. 

15.  The  privilege  of  the  Writ  of  habeas  corpus  shall  not  in 

2  any  case  be  suspended      The  General  Assembly  shall  not 

3  pass  any  bill  of  attainder;  or  any  ex  post  facto  law;  or  any 


28 

4  law  impairing  the  obligation  of  contracts;  or  any  law  where- 

5  by  private  property  shall  be  taken  for  public  uses  without 

6  just  compensation;  or  any  law   abridging   the   freedom  of 

7  speech  or  of  the  press.     No  man  shall  be  compelled  to  fre- 

8  quent  or  support  any  religious  worship,  place,  or  ministry 

9  whatsoever;  nor  shall  any  man  be  enforced,  restrained,  mo- 

10  lested,  or  burthened  in  his  body  or  goods,  or  otherwise  suf- 

11  fer  on  account  of  his  religious  opinions  or  belief;  but  all  men 

12  shall  be  free  to  profess,  and  by  argument  to  maintain  their 

13  opinions  in  matters  of  religion,  and  the  same  shall  in  nowise 

14  affect,  diminish   or  enlarge   their  civil  capacities;  and  the 

15  General  Assembly  shall  not  prescribe  any  religious  test  what- 

16  ever;  or  confer  any  peculiar  privileges  or  advantages  on  any 

17  sect  or  denomination;  or  pass  any  law  requiring  or  authnriz- 
1S  ing  any  religious  society,  or  the  people  of  any  district  within 

19  this  Commonwealth,  to  levy  on  themselves  or  others  any  tax 

20  for  the  erection  or  repair  of  any  house  for  public  worship,  or 

21  for  the  support  of  any  church  or  ministry;  but  it  shall  be  left 

22  free  to  every  person  to  select  his  religious  instructor,  and  to 

23  make  for  his  support  such  private  contract  as  he  shall  please. 

16.  No  law  shall  embrace  more  than  one  object,  which  shall 
2  be  expressed  in  its  title. 

17.  The  General  Assembly  may  provide  that  no  person  shall 
2  be  capable  of  holding,  or  being  elected  to,  any  post  of  profit, 


29 

3  trust  or  emolument,  civil  or  military,  legislative,  executive  or 

4  judicial,  under  the  government  of  this  Commonwealth,  who 

5  shall  hereafter  fight  a  duel,  or  send  or  accept  a  challenge  to 

6  fight  a  duel,  the  probable  issue  of  which  may  be  the  death 

7  of  the  challenger  or  challenged,  or  who  shall  be  second  to 

8  either  party,  or  shall  in  any  manner  aid  or  assist  in  such  duel, 

9  or  shall  be  knowingly  tnc  bearer  of  such  challenge  or  ac- 

10  ceptance;  but  no  person  shall  be  so  disqualified  by  reason  of 

11  his  having  heretofore  fought  such  duel,  or  sent  or  accepted 

12  such  challenge,  or  been  second  in  such  duel,  or  bearer  of 

13  such  challenge  or  acceptance. 

18.  The  Governor,  Lieutenant  Governor,  Judges,  and  all 

2  others  offending  against  the  State,  by  maladministration, 

3  corruption,  neglect  of  duty,  or  other  high  crime  or  misde- 

4  meaner,  shall   be  impeachable  by  the  House  of  Delegates, 

5  and  be  prosecuted   before  the  Senate,  which  shall  have  the 

6  sole  power  to  try  impeachments.     When  sitting  for  that  pur- 

7  pose  they  shall  be  on  oath  or  affirmation;  and  no  person  shall 

8  be  convicted  without  the  concurrence  of  two-thirds  of  the 
(.)  members  present.     Judgment,  in  cases  of  impeachment,  shall 

10  not  extend  further  than  to  removal  from  i  lli  e,  and  disquali- 

11  fication  to  hold  and  enjoy  any  office  of  honor.  trust  or  profit 

12  from  under  the  Commonwealth;  but  the  party  convicted  shall 

13  nevertheless  be  subject  to  indictment,  trial,  judgment  and 


30 

14  punishment,  according  to  law.     The  Senate  may  sit  during 

15  the  recess  of  the  General  Assembly  for  the  trial  of  impeach- 
X6  ments  and  the  consideration  of  Executive  business. 

Slaves  and  Free  Negroes. 

19.  Slaves  hereafter  emancipated  shall  forfeit  their  freedom 

2  by  remaining  in  the  Commonwealth  more  than  twelve  months 

3  after  they  become  actually  free,  and    shall   be  reduced   to 

4  slavery  under  such  regulations  as  may  be  prescribed  by  law. 

20.  The  General  Assembly  may  impose  such  restrictions  and 

2  conditions  as  they  shall  deem  proper  on  the  power  of  slave 

3  owners  to  emancipate  their  slaves;  and  may  pass  laws  for 

4  the  relief  of  the  Commonwealth  from  the  free  negro  popula- 

5  tion,  by  removal  or  otherwise. 

21t  The  General  Assembly  shall  not  emancipate  any  slave, 

2  or  the  descendant  of  any  slave,  either  before  or  after  the  birth 

3  of  such  descendant. 

Taxation  and  Finance. 

22.  Taxation  shall  be  equal  and  uniform  throughout  the 

2  Commonwealth,  and  all  property  shall  be  taxed  in  proportion 

3  to  its  value,  which  shall  be  ascertained  in  such  manner  as 

4  may  be  prescribed  by  law;  but  any  property  may  be  exempted 

5  from  taxation  by  the  vote  of  a  majority  of  the  whole  number 

6  of  members  elected  to  each  House  of  the  General  Assembly- 


31 

23.  A  capitation  tax,  equal  to  the  tax  assessed  on  land  of  the 

2  value  of  two  hundred  dollars,  shall  be  levied  on  every  white 

3  male   inhabitant  who   has   attained   the  age  of  twenty-one 

4  years;  and  one  equal  moiety  of  the  capitation  tax  upon  white 

5  persons  shall  be  applied  to  the  purposes  of  education  in  pri- 
G  mary  and  free  schools;  but  nothing  herein  contained  shall 

7  prevent  exemptions  of  taxable  polls  in  cases  of  bodily  in- 

8  firmity. 

24.  The  General  Assembly  may  levy  a  tax  on  incomes,  sala- 

2  ries  and  licenses;  but  no  tax  shall  be  levied  on  property  from 

3  which  any  income  so  taxed  is  derived,  or  on  the  capital  in- 

4  vested  in  the  trade  or  business  in  respect  to  which  the  license 

5  so  taxed  is  issued. 

25.  No  money  shall  be  drawn  from  the  treasury  but  in  pur- 

2  suance  of  appropriations  made  bylaw;  and  a  statement  of 

3  the  receipts,  disbursements,  appropriations  and  loans  shall 

4  be  published  after  the  adjournment  of  each  session  of  the 

5  General  Assembly,  with  the  acts  and  resolutions  thereof. 

26.  On  the  passage  of  every  act  which  imposes,  continues 

2  or  revh  r  en  ,u      a  debt  or  charge,  or  makes,  con- 

3  linues  or  revives  any  appropriation  of  public  or  trust  money 

4  or  pioperty,  or  releases,  discharges  or  commutes  any  claim  or 

5  demand  of  the  State,  the  vote  shall  be  determined  by  yeas 
G  and  nays,  and  the  names  of  the  persons  voting  for  and  against 


32 

7  the  Fame  si  all  be  entered  on  the  journals  of  the  respective 

8  Houses,  and  a  majority  of  all  the  members  elected  to  each 

9  House  shall  be  necessary  to  give  it  the  force  of  a  law. 

27.  The  liability  to  the  State  of  any  incorporated  company 

2  or  institution,  to  redeem  the  principal  and  pay  the  interest  of 

3  any  loan  heretofore  made,  or  which  may  hereafter  be  made 

4  by  the  State  to  such  company  or  institution,  shall  not  be  re- 

5  leased;  and  the  General  Assembly  shall  not  pledge  the  faith 

6  of  the  State,  or  bind  it  in  any  form,  for  the  debts  or  obliga- 

7  tions  of  any  company  or  corporation. 

28.  There  shall  be  set  apart  annually,  from  the  accruing  re- 

2  venues,  a  sum  equal  to  seven  per  cent,  of  the  State  debt  ex- 

3  isting  on  the  first  day  of  January,  in  the  year  one  thousand 

4  eight  hundred  and  fifty-two.     The  fund  thus  set  apart  shall 

5  be  called  the  Sinking  Fund,  and  shall  be  applied  to  the  pay- 
G  ment  of  the  interest  of  the  State  debt,  and  the  principal  of 
7  such  part  as  may  be  redeemable.  If  no  part  be  redeemable, 
S  then  the  residue  of .  the  Sinking  Fund,  after  the  payment  of 
9  such  interest,  shall  be  invested  in  the  bonds  or  certificates  of 

10  debt  of  this  Commonwealth,  or  of  the  Confederate  States,  or 

11  of  some  of  the  States  of  this  Confederacy,  and  applied  to  the 

12  payment  of  the  State  debt,  as  it  shall  become  redeemable. 

13  Whenever,  after  the  said  first  day  of  January,  a  debt  shall  be 

14  contracted  by  the  Commonwealth,  there  shall  be  set  apart  in 


33 

15  like  manner,  annually,  for  thirty-four  years,  a  sum  exceeding 
10  by  one  per  cent,  the  aggregate  amount  of  the  annual  interest 
17  agreed  to  be  paid  thereon  at  the  time  of  its  contraction;  which 
IS  sum  shall  be  part  of  the  Sinking  Fund,  and  shall  be  applied 

19  in  the  manner  before  directed.     The  General  Assembly  shall 

20  not  otherwise  appropriate  any  part  of  the  Sinking  Fund  or  its 

21  accruing  interest,  except  in  time  of  war,  insurrection  or  in- 

22  vasion. 

29.  The  General   Assembly  may,  at  any  time,  direct  a  sale 

2  of  the  stocks  hold  by  the  Commonwealth  in  internal  improve- 

3  ment  and  other  companies;  but  the  proceeds  of  such  sale,  if 

4  made  before  the  payment  of  the  public  debt,  shall  constitute 

5  a  part  of  the  Sinking  Fund,  and  be  applied  in  like  manner. 

30.  The  General  Assembly  shall  not  contract  loans  or  cause 

2  to  be  issued  certificates  of  debt  or  bonds  of  the  State,  irre- 

3  deemable  for  a  period  greater  than  thirty-four  year.-.. 

General  Provisions. 

31.  The  General  Assembly  shall  not  giant  a  charter  of  i: 

2  poration  to  any  church  or  religious  denomination,  but  may 
■  '<  se  aire  the  title  to  church  property  to  an  extent  t<>  be  limited  by 

4  law. 

32.  \<>  Lottery  shall  hereafter  be  authorized  bylaw;  and  ihe 
2  buying,  selling  or  transferring  of  tickets  or  chances  in  any 

E 


34 

3  lottery  not  now  authorized  by  a  law  of  this  State  shall  be 

4  prohibited. 

33.  No  new  county  shall  be  formed  with  an  area  less  than 
3  six  hundred  square  miles;  nor  shall  the  county  or  counties 

3  from  which  it  is  formed  be  reduced  below  that  area;  nor 

4  shall  any  county,  having  a  white  population  less  than  five  thou- 

5  sand,  be  deprived  of  more  than  one-fifth  of  said  population;  nor 

6  shall  a  county  having  a  larger  white  population  bo  reduced 

7  below  four  thousand.  But  any  county,  the  length  of  which 
S  is  three  times  its  mean  breadth,  or  which  exceeds  fifty  miles 
9  in  length,  may  be  divided,  at  the  discretion  of  the  General 

10  Assembly.     In  all  general  elections  the  voters  in  any  county, 

11  not  entitled  to  separate  representation,  shall  vote  in  the  same 

12  election  district. 

34.  The  General  Assembly  shall  confer  on  the  courts  the 

2  power  to  grant  divorces,  change  the  names  of  persons,  and 

3  direct  the  sale  of  estates  belonging  to  infants  and  other  per- 

4  sons  under  legal  disabilities,  but  shall  not,  by  special  legisla- 

5  tion,  grant  relief  in  such  cases,  or  in  any  other  case  of  which 

6  the  courts  or  other  tribunals  may  have  jurisdiction. 

35.  The  General  Assembly  shall  provide  for  the  periodical 

2  registration  in  the  several  counties,  cities  and  towns,  of  the 

3  voters  therein  ;  and  for  the  annual  registration  of  the  births, 

4  marriages  and  deaths  in  the  white  population,  and  of  the 


35 

5  births  and  deaths  in  the  colored  population  of  the  same,  dis- 

6  tingnishing  between  the   number  of  the  free  colored  persons 

7  and  slaves. 

36.  The  General  Assembly,  at  intervals  of  five  years  from  the 

2  dates  of  the  returns  of  the  census  of  the  Confederate  States, 

3  shrill  cause  to  be  taken  a   census  and   such   statistics  Of  tin's 

4  State  as  may  be  prescribed   by  law;  which   census  and   sta- 
6  tistics  shall  be  returned  to  the  Secretary  of  the  Common- 

6  wealth,  who  shall  compare  and  correct  the  returns  and  re- 

7  port  the  same  to  the  General  Assembly. 

37.  The  manner  of  conducting  and  making  returns  of  elec- 

2  tions,  of  determining  contested  elections,  and  of  filling  va- 

3  cancics  in  office,  in  eases  not  specially  provided  for  by  this 

4  Constitution,  shall  be  prescribed  by  law;  but  special  elections 

5  to  fill  vacancies  in  the  office  of  judge  oi  any  court  shall  be 
0  for  a  fidl  term.     And  the  General  Assembly  may  declare  the 

7  cases  in  which  any  office  shad  be  deemed  vacant,  where  no 

8  provision  is  made  for  that  purpose  in  this  Constitution. 

ARTICLE  V. 

1  \]  <  DTIVE    DEP  LRTM1 

i  •'       nor. 
I.  The  chief  executive  power  of  this  Commonwealth  shall 

2  he  vested  jo     G      rnor.     He  shall  hold  the  offia 

3  of  four  comment  e  on  the  first  day  of  January 


36 

4  succeeding  his  election,  and  be  ineligible  to  the  same  office 

5  for  the  term  next  succeeding  that  for  which  he  was  elected, 

6  and  to  any  other  office  during  his  term  of  service. 

2.  The  Governor  shall  be  elected  by  the  voters,  at  the  times 

2  and  places  of  choosing  members  of  the  General  Assembly. 

3  Returns  of  the  elections  shall  be  transmitted,  under  seal,  by 

4  the  proper  officers,  to  the  Secretary  of  the  Commonwealth, 

5  who  shall  deliver  them  to  the  Speaker  of  the  House  of  Del- 

6  egates  on  the  first  day  of  the  next  session  of  the  General  As- 

7  sembly.     The   Speaker  of  the  House   of  Delegates   shall, 

8  within  one  week  thereafter,  in  the  presence  of  a  majority  of 

9  the  Senate  and  House  of  Delegates,  open  the  said  returns, 

10  and  the  votes  shall  then  be   counted.     The  person  having 

11  the  highest  number  of  votes  shall  be  declared  elected ;  but  if 

12  two  or  more  shall  have  the  highest  and  an  ecpial  number  of 

13  votes,  one  of  them  shall  be  chosen  Governor  by  the  joint 

14  vote  of  the  two  houses  of  the  General  Assembly.     Contested 

15  elections  for  Governor  shall  be  decided  by  a  like  vote,  and 

16  the  mode  of  proceeding  in  such  cases  shall  be  prescribed  by 
1?  law. 

3.  No  person  shall  be  eligible  to  the  office  of  Governor  unless 

2  he  has  attained  the  age  of  thirty  years,  is  a  native  citizen  of 

3  the  Confederate  Statey,  and  has  been  a  citizen  of  Virginia  for 

4  five  years  next  preceding  the  election. 


37 

4.  The  Governor  shall  reside  at  the  seat  of  government;  shall 

2  receive  five  thousand   dollars  for  each  year  of  his  service, 

3  and,  while  in  oilice,  shall  receive  no  other  emolument  from 

4  this  or  any  other  government. 

5.  He  shall  lake  care  that  the  laws  he  faithfully   executed; 

2  communicate  to  the  General  Assembly  at  every  session  the 

3  condition  of  the  Commonwealth;  recommend  to  their  con- 

4  sideration  such  measures  as  he  may  deem  expedient;  and 

5  convene  the  General  Asscmhly  on  application  of  a  majority 

6  of  the   members  of  both  houses  thereof,  or   when    in    his 

7  opinion  the  interest  of  the  Commonwealth  may  require  it. 
S  He  shall  be  commander-in-chief  of  the  kind  and  naval  forces 
9  of  the  Stale;  have  power  to  embody  the  militia  to  repel  inva- 

10  sion,  suppress  insurrection,  and  enforce  the  execution  of  the 

11  laws;  conduct,  either  in  person  or  in  such  other  manner  as 

12  shall  be  prescribed  by  law,  all   Intercourse  with  other  and 

13  foreign  States.     He  shall  nominate,  and   by  and   with   the 
1  1  advice  and  consent  of  the  senate,  appoint  the  judges  of 

15  Supreme  Court  of  Appeals  and  of  the  Circuit   Courts;  and 

16  during  the  recess  of  the  General    Assembly  fill,  pro  tempore, 

17  all  vacancies  in  'hose  offices  tor  which  the  Constitution  and 

18  laws  make  no  provision ;  but  his  appointments  to  such  vacan- 

19  cies  shall  be  by  commissions  t"  expire  at  the  end  of  thirty 
•jo  days  after  the  commen  ement  of  the  next  i  of  the 


88 

21  General  Assembly.     He  shall  have  power  to  remit  fines  and 

22  penalties  in  such  cases  and  under  such  rales  and  regulations 

23  as  may  be  prescribed  by  law;  and  except  when  the  prosecu- 

24  tion  has  been  carried  on  by  the  House  of  Delegates,  or  the 

25  law  shall  otherwise  particularly  direct,  to  grant  reprieves  and 

26  pardons   after  conviction,  and  to  commute  capital  punish- 

27  ment;  but  he  shall  communicate  to  the  General  Assembly, 

28  at  each  session,  the  particulars  of  every  case  of  fine  or  penal- 

29  ty  remitted,  of  reprieve  or  pardon  granted,  and  of  punish- 

30  ment  commuted,  with  his  reasons  for  remitting,  granting,  or 

31  commuting  the  same. 

6.  He  may  require  information  in  writing  from  the  officers  in 

2  the  executive  department  upon  any  subject  relating  to  the 

3  duties  of  their  respective  offices;  and  may  also  require  the 

4  opinion  in  writing  of  the  Attorney  General  upon  any  ques- 

5  tion  of  law  connected  with  his  official  duties. 

7.  Commissions  and  grants  shall  run  in  the  name  of  the 

2  Commonwealth  of  Virginia,  and  be  attested  by  the  Governor, 

3  with  the  seal  of  the  Commonwealth  annexed. 

Lieutenant    Governor. 

8.  A  Lieutenant  Governor  shall  be  elected  at  the  same  time, 

2  and  for  the  same  term  as  the  Governor,  and  his  qualification 

3  and  the  manner  of  his  election  in  all  respects  shall  be  the 

4  same. 


39 

9.  In  case  of  the  removal  of  the  Governor  from  office,  or  of 

2  his  death,  failure  to  qualify,  resignation,  removal  from  the 

3  State,  or  inability  to  discharge  the  powers  and  duties  of  the 

4  office,  the  said  office,  with  its  compensation,  shall   devolve 

5  upon  the  Lieutenant  Governor;  and  the  General  Assembly 
G  shall  provide  by  law  for  the  discharge  of  the  executive  func- 
7  tions  in  other  necessary  cases. 

10.  The   Lieutenant   Governor   shall  be   president    of  the 

2  Senate,  but  shall  have  no  vote;  and,  while  acting  as  such, 

3  shall  receive  a  compensation  equal  to  that  allowed  to  the 

4  speaker  of  the  House  of  Delegates. 

Secretary  of  the  Coinmomccalth,  Treasurer,  anrl  Auditor. 

11.  A  Secretary  of  the  Commonwealth,  Treasurer,  and  an 

2  Auditor  of  Public  Accounts,  shall  be  elected  by  the  joint 

3  vote  of  the  two  houses  of  the  General  Assembly,  and  con- 

4  tinue  in  office  for  the  term  of  two  years,  unless  sooner  re- 

5  moved. 

12.  The  Secretary  shall  keep  a  record  of  the  official  arts  of 

2  the  Governor, "which  shall  he  signed  by  the  Governor  and 

3  attested  by  the  Secretary;  and,  when  required,  he  shall  l:o 

•  I  tin'  same,  and  any  papers, minutes, and  vouchers,  pertaining 

6  to  his  office,  before  cither  house  of  the  General  Assembly; 

6  ;ind  shall  perform  such  other  duties  as  may  be  prescribed  by 

7  law. 


40 

13.  The  powers  and  duties  of  the  Treasurer  and  Auditor 

2  shall  be  such  as  now  are,  or  may  be,  hereafter,  prescribed  by 

3  law. 

Militia. 

14.  The  manner  of  appointing  militia  officers  shall  be  pre- 
2  scribed  by  law. 

ARTICLE  VI. 

1.  The  judicial  power  shall  be  vested  in  a  Supreme  Court  of 

2  Appeals,  in  the  Circuit  Courts,  and  the  judges  thereof,  in  the 

3  county  and  corporation  courts,  in  the  justices  of  the  peace, 

4  and  in  the  magistrates  who  may  belong  to  the  corporate  body. 

5  The  General  Assembly  may  also  constitute  special  courts  of 

6  appeal,  to  consist  of  not  less  than  three  nor  more  than  five 

7  judges,  to  try  any  cases  that  may  be  on  the  docket  of  the  Su- 

8  preme  Court  of  Appeals,  in  respect  to  which  a  majority  of 
,  9  the  judges  of  that  court  may  be  so  situated  as  to  make  it  ira- 

10  proper  for  them  to  sit  on  the  hearing  thereof,  and  also  to  try 

11  any  cases  on  the  said  docket  which  cannot  otherwise  be  dis- 

12  posed  of  with  convenient  dispatch. 

2.*The  jurisdiction  of  these  tribunals,  of  the  judges  and 

2  justices  thereof,  and  of  the  magistrates  of  the  corporate  bodies, 

3  shall  be  regulated  by  law;  except  that  the  Supreme  Court  of 

4  Appeals  shall  have  appellate  jurisdiction  only,  unless  in  cases 


41 

5  of  habeas  corpus,  mandamus  and  prohibitions,  and  cases  in- 

6  volving  freedom  or  the  constitutionality  of  a  law.     It  shall 

7  not  have  jurisdiction  in  civil  cases,  where  the  matter  in  con- 

8  troversy,  exclusive  of  costs,  is  less  than dollars,  except 

9  in  controversies  concerning  the  title  or  boundaries  of  land, 

10  the  probat  of  a  will,  the  appointment  or  qualification  of  a 

11  personal  representative,  guardian,  committee  or  curator;  or 

12  concerning  a  mill,  road,  way,  ferry  or  landing,  or  the  right  of 

13  a  corporation,  or  of  a  county  to  levy  tolls  and  taxes. 

3.  The  Supreme   Court  of   Appeals   shall   consist  of   five 
2  judges,  any  three  or  more  of  whom  may  make  a  quorum. 

4.  The  State  shall  be  divided  into  twenty-one  judicial  cir- 

2  cuits,  which  shall  remain  as  now  established  until  altered  by 

3  the  General  Assembly.     For  each  circuit  a  judge  shall  be 

4  appointed,  who,  during  his  continuance  in  office,  shall  reside 

5  in  the  circuit  of  which  he  is  judge,  and  hold  a  court  at  least 

6  twice  a  year  in  every  county  and  corporation  thereof  wherein 

7  a  circuit  court  is  established,  but  a  judge  of  one  circuit  may 

8  hold  a  court  in  any  other  circuit. 

I.  The  counties  of  Princess  Anne,  Norfolk,  Nansemond,  Isle 

2  of  Wight,  Southampton,  Greenesville,  Surry  and  Sussex  and 

3  the  city  of  Norfolk  shall  constitute  the  first  circuit. 

II.  The  counties  of  Prince  George,  Dinwiddie,  Brunswick, 
2  Mecklenburg,  Lunenburg,  Nottoway,  Amelia,  Chesterfield 

F 


42 

3  and  Powhatan  and  the  city  of  Petersburg  shall  constitute  the 

4  second  circuit. 

III.  The  counties  of  Cumberland,  Buckingham,  Appomat- 

2  tox,   Campbell,  Prince  Edward,  Charlotte  and  Halifax  and 

3  the  town  of  Lynchburg  shall  constitute  the  third  circuit. 

IV.  The  counties  of  Pittsylvania.  Bedford,  Franklin,  Patrick 
2  and  Henry  shall  constitute  the  fourth  circuit. 

Y.  The  counties  of  Accomac  and  Northampton  shall  consti- 
2  tute  the  fifth  circuit. 

VI.  The  counties  of  Elizabeth  City,  Warwick,  York,  Glou- 

2  cester,  Matthews,  Middlesex,  Henrico,  New  Kent,  Charles 

3  City  and  James  City  and  the  city  of  Williamsburg  shall  con- 

4  stitute  the  sixth  circuit. 

VII.  The  city  of  Richmond  shall  be  the  seventh  circuit. 

VIII.  The   counties  of   Lancaster,  Northumberland,  Rich- 

2  mond,  Westmoreland,  King  George,  Spotsylvania,  Caroline, 

3  Hanover,  King  William,  King  &  Queen  and  Essex  shall 

4  constitute  the  eighth  circuit. 

IX.  The  counties  of  Stafford,  Prince  William,  Alexandria, 

2  Fairfax,  Loudoun,  Fauquier  and  Rappahannock  shall  con- 

3  stitute  the  ninth  circuit. 

X.  The  counties  of  Culpeper,  Madison,  Greene,  Orange, 

2  Albemarle,  Louisa,  Fluvanna  and  Goochland  shall  consti- 

3  tute  the  tenth  circuit. 


43 

XI.  The  counties  of  Nelson,  Amherst,  Rockbridge,  Augusta 
2  and  Bath  shall  constitute  the  eleventh  circuit. 

XII.  The  counties  of  Pendleton,  Highland,  Rockingham, 

2  Page,  Shenandoah,  Warren  and  Hardy  shall  constitute  the 

3  twelfth  circuit. 

XIII.  The  counlies  of  Clarke,  Frederick,  Hampshire,  Mor- 

2  gan,  Berkeley  and  Jefferson  shall  constitute  the  thirteenth 

3  circuit. 

XIV.  The  counties  of  Monroe,  Greenbrier,  Pocahontas,  Al- 

2  leghany,  Botetourt,  Roanoke,  and  Craig  shall  constitute  the 

3  fourteenth  circuit. 

XV.  The  counties  of  Giles,  Mercer,  Raleigh,  Wyoming,  Lo- 

2  gan,  Boone,  Fayette  and  Nicholas  shall  constitute  the  fif- 

3  teenth  circuit. 

XVI.  The  counties  of  Grayson,  Carroll,  Wythe,  Floyd,  Pu- 
2  laski  and  Montgomery  shall  constitute  the  sixteenth  cir- 
2  cuit. 

XVII.  The  counties  of  Smyth,  Tazewell.  Washington,  Rus- 
2  sell,  Scott  and  Lee  shall  constitute  the  seventeenth  circuit. 

XVIII.  The  counties  of  Wayne,  Cabell,  Mason,  Jackson, 
2  Putnam  and  Kanawha  shall  constitute  the  eighteenth  circuit. 

-\  I  \.  The  counties  of  Wood.  \\  irt,  Gilmer,  Braxton,  I. 

2  Ritchie,  Doddridge  and  Pleasants  shall  eoostitute  the  i 

3  teenth  circuit. 


44 

XX.  The   counties   of  Hancock,  Brooke,  Ohio,   Marshall, 

2  Wetzel,  Tyler  and  Monongalia  shall  constitute  the  twentieth 

3  circuit. 

XXI.  And  the  counties  of  Harrison,  Marion,  Taylor,  Pres- 

2  ton,   Barbour,  Randolph   and   Upshur  shall   constitute  the 

3  twenty-first  circuit. 

5.  The  judges  of  the  Supreme  Court  of  Appeals  and  of  the 

2  Circuit  Courts  shall  be  commissioned  by  the  Governor,  and 

3  shall  hold  their  offices  during  good  behaviour,  or  until  they 

4  arrive  at  the  age  of  seventy  years,  or  until  removed  in  the 

5  manner  prescribed  in  this  Constitution;  and  shall,  at  the 

6  same  time,  hold  no  other  office,  appointment,  or  public  trust; 

7  and  the  acceptance  thereof  by  either  of  them  shall  vacate  his 

8  judicial  office. 

6.  The  judges   shall   receive   fixed   and   adequate  salaries^ 

2  which  shall  not  be  diminished  during  their  continuance  in 

3  office.     The  salary  of  a  judge  of  the  Supreme  Court  of  Ap- 

4  peals  shall  not  be  less  than  three  thousand  dollars,  and  that 

5  of  a  judge  of  the  Circuit  Court  not  less  than  two  thousand 

6  dollars  per  annum,  except  the  salary  of  the  judge  of  the  fifth 

7  circuit,  which  shall  not  be  less  than  fifteen  hundred  dollars 

8  per  annum;  and  each  shall  have  a  reasonable  allowance  for 

9  necessary  travel.        # 

7.  The  judges  may  be  removed  from  office  by  a  concurrent 


45 

2  vote  of  both  houses  of  the  General  Assembly,  but  a  majority 

3  of  all  the  members  elected   to  each    house  must  concur  in 

4  such  vote;  nnd  the  cause  of  removal  shall  he  entered  on  the 

5  journal  of  each  house.     The  judge  against  whom  die  Gene- 

6  ral  Assembly  may  be  about  to  proceed  shall  receive  notice 

7  thereof,  accompanied  by  a  copy  of  the  causes  alleged  tbr  his 

8  removal,   at   least   twenty  days    before   the   day  on   which 

9  cither  house  of  the  General  Assembly  shall  act  thereupon. 

8.  There  shall  be  a  county  court  in  each  county  of  the  Com- 

2  monwealth,  which  shall  be  held  monthly  by  not  less  than 

3  three  nor  more  than  five  justices,  except  when  the  law  shall 

4  require  the  presence  of  a  greater  number. 

9.  Each  county  shall  be  laid  off  into  districts  as  nearly  equal 

2  as  may  be  in  territory  and  population.     In  each  district  I 

3  justices  of  the  peace  shall  be  chosen  by  the  qualified  voters 

4  thereof,  who  shall  be  commissioned  by  the  Governor,  reside 

5  in  their  respective  districts,  and  hold  tin  for  the  term 

6  of  six  years.     The  justices  of  each  county  shall  select  one  of 

7  their  own  body  to  be  the  presiding  justice  of  the  county  court 

8  of  their  county;  whose  duty  it  shall  he  to  attend  each  tern. 

(.t  the  said  court.     The  other  justices  shall  !"•  i  i  by  law 

in  for  the  p  irforman  ve  of  their  duties  in  court. 

10.  The  justices   shall    i  nrt  a 
2  per  diem  compensation,  to   be  ascertained  by  law.  and  ] 


46 
3  out  of  the  county  treasury;  but  they  shall  not  receive  any 
5  fee  or  emolument  for  other  judicial  services. 

11.  The   power   and  jurisdiction  of  justices   of  the  peace 
2  within  their  respective  counties  shall  be  prescribed  by  law. 

12.  The  jurisdiction  of  the  Supreme  Court  of  Appeals,  and 

2  of  the  circuit,  county,  and  corporation  courts,  of  the  judges 

3  thereof,  and  of  the  justices  of  the  peace  and  magistrates  of 

4  the  corporate  bodies,  shall  remain  as  now  established  until 

5  changed  by  law. 

13.  The  officers  of  the  Supreme  Court  of  Appeals,  and  of 

2  the  special  courts  of  appeals,  shall  be  appointed  by  the  said 

3  courts  respectively,  or  by  the  judges  thereof,  in  vacation,  and 

4  their  duties,  compensation  and  tenure  of  office  shall  be  pre- 

5  scribed  by  law. 

14.  Clerks  and  attorneys  for  the  Commonwealth,  for  the  cir- 

2  cuit  courts,  shall  be  appointed  by  the  circuit  courts,  or  by  the 

3  judges  thereof  respectively,  and  clerks  and  attorneys  for  the 

4  Commonwealth  for  the  county  courts  shall  be  appointed  by 

5  such  courts  respectively,  for  the   term  of  six  years,  and 

6  their  duties  and  compensation,  and  the  manner  of  filling 

7  temporary  vacancies  in  their  said  offices,  shall  be  prescribed 

8  by  law.     They  shall  be  removable  from  office  by  their  re- 

9  spective  courts :  but  in  every  case  of  removal  the  cause  there- 


47 

10  of  shall  be  entered  of  record  in  the  court  by  which  the  re- 

11  moval  was  made. 

15.  The  Attorney  General  shall  be  appointed  by  joint  vote  of 

2  the  two  houses  of  the  General  Assembly,  and  commissioned 

3  by  the  Governor,  and  shall  hold  his  office  during  the  pleasure 

4  of  the  General  Assembly. 

16.  Sheriffs  shall  be  nominated   by  the   respective  county 

2  courts,  and  when  appointed  by  the  Governor  shall  be  com- 

3  missioned  by  him;  but  no  person  commissioned  as  sheriff  for 

4  one  term  shall  be  nominated  for  another  term,  unless,  prior 

5  to  such  nomination,  he  shall  have  duly  accounted  for  allpub- 

6  lie  dues  that  may  have  come  into  his  hands. 

17.  Coroners,   constables,  surveyors,  commissioners  of  the 

2  revenue  and  overseers  of  the  poor,  shall  be  appointed  by  the 

3  county  courts. 

18.  Justices  of  the  peace,  sheriffs,  attorneys  for  the  Com- 

2  monwealth,  clerks  of  courts,  and  all  other  county  officers, 

3  shall  be  subject  to  indictment  for  malfeasance,  misfeasance  or 

4  neglect  of  official  duty;  and,  upon  conviction  thereof,  their 

5  offices  shall  become  vacant. 

19.  The  General  Assembly  shall  provide  for  the  compensa- 

2  tion  of  jurors;  but  appropriations  for  that  purpose  shall  not 

3  be  made  from  the  State  Treasury,  except  in  prosecutions  for 

4  felonies  or  misdemeanors. 


48 

20.  The  cases  remaining  in  the  district  courts  when  this 

2  Constitution  is  adopted  shall  be  remolded  for  trial  into  the 

3  Supreme  Court  of  Appeals. 

21.  Judges  and  all  other  officers  shall  continue  to  discharge 

2  the  duties  of  their  respective  offices,  after  the  terms  of  their 

3  service  have  expired,  until  their  successors  are  qualified. 

22.  The  judges  in  commission,  when  this  Constitution  is 

2  adopted,  shall  continue  in  office  until  their  respective  terms 

3  of  service  expire. 

23.  Writs  shall  run  in  the  name  of  the  Commonwealth  of 

2  Virginia,  and  be  attested  by  the  Clerks  of  the  several  courts. 

3  Indictments  shall  conclude  "  against  the  peace  and  dignity 

4  of  the  Commonwealth." 


